The new marriage law has questions about the bride price, and it is urgent

I won't give it back to you, and it's not a marriage contract, but a marriage. If the marriage has not yet been concluded, you can go back, and you should not count on it. In the end, the lawyer's fee is more than your 70,000.

Article 10 of the Supreme People's Court's Interpretation II on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, which came into effect on 1 April 2004, stipulates that: "Where a party requests the return of the bride price paid in accordance with custom, the people's court shall support it if it is ascertained that the following circumstances apply:

1) The parties have not gone through the marriage registration formalities;

2) The parties have gone through marriage registration formalities but do not live together;

3) Payments made before marriage that cause hardship to the payor. The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties. The stipulations of this condition indicate that the people's courts have officially made clear provisions on how to deal with bride price disputes in the form of judicial interpretations.

Can be withdrawn, now many such examples. Either threaten her and kill him if you don't give it. 70,000 is not a decimal number.

1 The new marriage law has questions about the bride price, and it is urgent.

There is no new marriage law.

2 I would like to ask. When I got married, I had a total of 7w colorful gifts, and after a year of marriage, my family still owed others more than 4w. In case of divorce, the bride price can not be refunded.

Unlikely.

Click on "Jing Dynasty Captain", "User Profile" has QQ, Qingdao Wang Lawyer.

Article 10 of Interpretation II on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China also stipulates the conditions for the return of the divorce bride price, of which item (3) stipulates that "the payment made before marriage and causes the payor to have great hardship in life" is a condition for the return of the bride price.

So how do you understand "life difficulties"?

Article 27 of Interpretation (1) provides the following interpretation of the meaning of "living difficulties": "The term 'living difficulties' as used in Article 42 of the Marriage Law refers to the inability to maintain the basic living standards of the local people by relying on personal property and the property distributed at the time of divorce.

Accordingly, "hardship in life" should refer to absolute hardship, not relative hardship.

The interpretation of "hardship in life" in Article 10 of the Interpretation of Slippage (II) should also be consistent with the above interpretation. In other words, the so-called absolute hardship is a real hardship, because after the bride price is paid, the person is no longer able to maintain the most basic standard of living in the local area by his own strength, and it is not that the property has been damaged compared with the original living conditions compared with before the bride price was paid. In this case, the defendant's family economic situation itself is very poor, unable to maintain a normal life, and still relies on the economic help provided by the employer, and his life is even more difficult after the bride price is paid.

Basis for believing in God: Article 1042 of the Civil Code.

It prohibits arranged marriages, buying and selling marriages and other acts that interfere with the freedom of marriage. It is forbidden to solicit money or property under the pretext of marriage.

Article 5 of the Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family stipulates that if a party requests the return of the bride price paid in accordance with custom, the people's court shall support it if it is ascertained that the following circumstances apply: (1) The parties have not gone through the marriage registration formalities; (2) The parties have gone through the formalities of registration for marriage but do not live together; (3) Premarital payments that cause hardship to the payor. The application of the provisions of items 2 and 3 of the preceding paragraph shall be conditional on the divorce of both parties.

Legal basis] Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) Article 5: Where a party requests the return of the bride price paid in accordance with custom, the people's court shall support it if it is ascertained that it falls under the following circumstances: (1) The parties have not gone through the marriage registration formalities; (2) The parties have gone through the marriage registration formalities but do not live together; (3) Premarital payments that cause hardship to the payor. The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.

Legal analysis: The Civil Code does not make corresponding provisions on the bride price, but the Civil Code prohibits the use of marriage to solicit property. If it is to ask for bride price, jewelry money, etc., it is a violation of the prohibition of extorting property through marriage in the Civil Code of the People's Republic of China.

There is also the "custom" of asking the other party for a car and a house in today's society, and marriage is based on love, not money.

[Legal basis].Article 1042 of the Civil Code of the People's Republic of China prohibits arranged marriages, buying and selling marriages, and other acts that interfere with the freedom of marriage. It is forbidden to solicit money or property under the pretext of marriage.

Bigamy is prohibited. It is forbidden for a spouse to cohabit with another person. Violence in the home and silver courts is prohibited.

Abuse and abandonment between family members are prohibited.

Arranged marriages are prohibited, and it is strictly forbidden to solicit money through marriage.

With regard to the return of the bride price, as long as the bride price is requested for the purpose of marriage, it will generally not be refunded, except in these three cases.

1. The parties have not gone through the marriage registration formalities;

2. The two parties have gone through the formalities of registering the marriage but do not live together;

3. The payment is made before marriage and causes the payor to have difficulties in life.

1. Other common bride price disputes:

1. The Civil Code stipulates that the bride price before falling in love is generally listed as a gift relationship and cannot be returned by the other party.

2. The amount of the civil code on the return of the bride price After the two people are together, they do not register their marriage, which depends on the fault of both parties and the length of life to determine how much proportion of the bride price to be returned.

3. Provisions of the Civil Code on the bride price of the wedding banquet given by the man to the woman If the wedding banquet expenses of the woman inviting the guests are all paid by the man, such expenses cannot be refunded because they are not real money in kind.

2. Is the bride price the woman's personal property or the joint property of the husband and wife?

1. If the bride price is given to the woman's parents, whether it is given before marriage or after marriage, it belongs to the property of the woman's parents, neither the personal property of the woman, nor the joint property of the young couple.

2. If the husband or the man's parents give it to the woman before the marriage is registered, it is the woman's personal property.

3. If the bride price is paid to the woman after the marriage is registered, then the money belongs to the joint property of the husband and wife. Unless the bride price is given to the woman personally, of course, the woman needs to provide evidence.

Legal basis: Article 1042 of the Civil Code of the People's Republic of China prohibits arranged marriages, buying and selling marriages and other acts that interfere with the freedom of marriage. It is forbidden to solicit money or property under the pretext of marriage.

The bride price is voluntary on both sides, and it doesn't matter if you give it or not. A split cherry blossom in a place a custom, the number of bride price in each place is also different, but also depends on the specific situation of their own family, if the economic conditions are good, you can give, if not, you will be considerate of each other.